3 4 CHAIRMAN: Good morning Mr. O'Neill. 5 - The Tribunal of ...

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181 Q. 88 Sorry?2 A. A lot of the contact would be phone calls.3 Q. 89 Oh, I accept that there isn't documentation available which reflects the4 relationships which I have just indicated to you, with the exception of5 Mr. Caldwell appearing as the signatory of certain letters when he was writing6 as a solicitor or his signature as a director of Southfield in circumstances7 where Southfield was communicated with; isn't that so?8 A. Yes.9 Q. 90 But those documents, I suggest, do not accurately reflect the nature or extent10 of the communications and dealings which you were having with Mr. Caldwell from11 the inception of this transaction in 1989 until its conclusion in 1994; isn't12 that so?13 A. Well if we -- if I may go back to the beginning. I don't recall personal14 contact with Mr. Caldwell prior to the signing of the contract in '89 on this15 matter. There may very well have been a telephone call by me but I don't16 recall it to him. There would have been a few telephone calls then in the17 spring of 1990, he enquiring and I telling him how things were moving. I'm18 reluctant to say "progressing". Moving forward. Any inquiries he made of me19 I told him the truth and kept him posted. When the contract was coming up to20 its expiry, I raised the matter with him of getting an extension, and we went21 through that a few days ago. So there was that type of contact. I visited22 the bank with him. I was not aware of the fact that he represented me as23 going to have a significant share of an offshore company that would take24 ownership of it. I was not aware of the fact that there was reference there25 that there could be a stamp duty saving to the purchaser. None of that was I26 aware of. We went through the documentation and I remember and recall the27 correspondence leading up to the contract that was signed by Miley & Miley's28 office and Cahill's office. I now remember him advising me, and maybe he gave29 me a piece of paper, I don't know, about what we now refer to as the priority30 search. After that there was probably very little contact.Premier Captioning & Realtime Limitedwww.pcr.ie Day 564
191 Q. 91 Are you saying there was no contact after you paid the money ultimately?2 A. Well there was very little contact between the priority search and the closing3 of the sale, I think.4 Q. 92 Right.5 A. Which was a year before the closing of the sale.6 Q. 93 Right. Through that period, of course, you were progressing a planning7 application; isn't that right?8 A. Yes.9 Q. 94 The planning permission of which was not granted until 1994, shortly before the10 closing; isn't that right?11 A. Well the planning permission didn't issue until two months after the closing.12 Q. 95 Yes, but the decision had been made --13 A. It had --14 Q. 96 -- earlier and prior to the date that you closed; isn't that right?15 A. That's right, and it was appealed by I and others.16 Q. 97 Yes. I want to move to deal with the planning aspects or the planning history17 of the lands, Mr. Tiernan, if I may at this point. And just by way of18 synopsis of what the situation was. Prior to your acquisition of the lands,19 I think you told us that you learned of the lands being available for sale,20 probably in the late summer of 1989. You ultimately contacted Mr. Synnott, as21 a result of receiving maps from Mr. Synnott on the 15th of October or so, you22 passed those to your architect, Mr. John O'Connor. And some nine days later23 you were in a position to sign a contract or to have a contract signed on your24 behalf by Finbar Cahill and Company to acquire the lands for 2.2 million pounds25 with a payment of 110,000 pounds by way of deposit which was released at that26 time to the vendor.27 A. Yes.28 Q. 98 Isn't that so? Obviously you've indicated equally that you knew the lands, you29 knew the zoning of the lands and you had obviously the intention of using these30 lands for development purposes, although at the time of your consideration ofPremier Captioning & Realtime Limitedwww.pcr.ie Day 564
Page 1 and 2: 11 THE TRIBUNAL RESUMED AS FOLLOWS
Page 3 and 4: 31 of October 1994 where you say, "
Page 5 and 6: 51 to you that you had been involve
Page 7 and 8: 71 A. Could I see it again, please?
Page 9 and 10: 91 Mr. Goodman out of his just dese
Page 11 and 12: 111 A. Well I'm just not too sure a
Page 13: 131 Q. 62 Yes.2 A. And that it woul
Page 17: 171 20 pounds in fees to the land r
Page 21 and 22: 211 lands?2 A. The plan forward was
Page 23 and 24: 231 Lawlor lived beside it. And I w
Page 25 and 26: 251 advancing his claim to recover
Page 27 and 28: 271 Q. 133 And as much as can be in
Page 29 and 30: 291 second or third time I discusse
Page 31 and 32: 311 meeting. But he actually told m
Page 33 and 34: 331 Q. 174 Right. And did he indica
Page 35 and 36: 351 Holdings being the company whic
Page 37 and 38: 371 MR. O'NEILL: Mr. Tiernan, pleas
Page 39 and 40: 391 preferences were clearly Fine G
Page 41 and 42: 411 A. I don't remember it now.2 Q.
Page 43 and 44: 431 motion and we'll see that once
Page 45 and 46: 451 excluded the house and its amen
Page 47 and 48: 471 Council in relation to possible
Page 49 and 50: 491 Esker parish which already has
Page 51 and 52: 511 order was made as required by l
Page 53 and 54: 531 Applicant has not provided suff
Page 55 and 56: 551 A. Very negative report.2 Q. 26
Page 57 and 58: 571 And then it goes on to say that
Page 59 and 60: 591 Q. 276 So that Mr. O'Connor's b
Page 61 and 62: 611 THE TRIBUNAL RESUMED AS FOLLOWS
Page 63 and 64: 631 to the zoning and infrastructur
Page 65 and 66: 651 the application in its entirety
Page 67 and 68: 671 A. Yes, okay. I didn't read it
Page 69 and 70:
691 Now, could I suggest to you tha
Page 71 and 72:
711 A. I might have attended some o
Page 73 and 74:
731 since consideration of the abov
Page 75 and 76:
751 illustrate a concern which was
Page 77 and 78:
771 unreasonable and perverse to be
Page 79 and 80:
791 Q. 332 That was granted subject
Page 81 and 82:
811 isn't that right?2 A. I know we
Page 83 and 84:
831 Mr. Caldwell about the possible
Page 85 and 86:
851 interest. I accept that I know
Page 87 and 88:
871 I don't recall most of them.2 Q
Page 89 and 90:
891 you'd faxed this document, refe
Page 91 and 92:
911 hearing was to go on and to pre
Page 93 and 94:
931 pessimistic view which you expr
Page 95 and 96:
951 encouraged you to the belief th
Page 97 and 98:
971 Q. 418 So it's possible --2 A.
Page 99 and 100:
991 no matter what the value had be
Page 101 and 102:
1011 were under pressure on 25th?2
Page 103 and 104:
1031 Q. 464 You say that eventually
Page 105 and 106:
1051 A. No, Your Honour. My concern
Page 107 and 108:
1071 A. No, I didn't, genuinely, Yo
Page 109 and 110:
1091 Stenclas Kenny and Partners an
Page 111 and 112:
1111 A. I would have had dealings w
Page 113 and 114:
1131 A. That I'm not a hundred perc
Page 115 and 116:
1151 filling station, shops, medica
Page 117 and 118:
1171 drawn up for Finnstown Homes w
Page 119 and 120:
11912 MR. O'NEILL: I know that Mr.
Page 121 and 122:
1211 A. Yeah.2 Q. 539 And again, th
Page 123 and 124:
1231 as Coolamber.2 Q. 553 When you
Page 125 and 126:
1251 Q. 564 Would it have been your
Page 127 and 128:
1271 A. Yeah, the 1985 permission.2
Page 129 and 130:
1291 discussions with Gerry Kinley.
Page 131 and 132:
1311 invoice for land solely to do
Page 133 and 134:
1331 confirmation of most jobs you
Page 135 and 136:
1351 your letter to Mr. Kennedy, th
Page 137 and 138:
1371 involved in the Coolamber land
Page 139:
13912 JUDGE FAHERTY: You said you k
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3 4 CHAIRMAN: Good morning Mr. O'Neill. 5 - The Tribunal of ...

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